Section 212.12. Instream aeration.

 

(1)  Total maximum loads established under this chapter may be calculated based on the use of instream aeration techniques when WPDES permit applications meet both the following conditions:

(a) A cost-effectiveness analysis is submitted to the department which demonstrates that instream aeration is a satisfactory means of attaining water quality standards; and

(b) A demonstration is made to the satisfaction of the department that applicable water quality standards will be met and no environmental pollution as defined in s. 299.01 (4) , Stats., will occur.

(2)  Instream aeration may not be used to accommodate new or increased discharges of pollutants either from new point sources or from the expansion of existing point sources, except that instream aeration may be available on a temporary basis to accommodate increased pollution loads due to the growth of a municipality when:

(a) The use of aeration for this purpose is restricted to residential or public sector growth;

(b) Adequate operation and maintenance of the publicly-owned point source exists;

(c) Excessive infiltration and inflow have been removed from the collection systems;

(d) No bypasses occur that are not approved by the department; and

(e) The municipality has taken all reasonable steps to obtain federal and state financing for its point source.

(3)  The use of instream aeration under sub. (2) shall be allowed for a period not to exceed 5 years, at which time the publicly-owned point source shall have sufficient treatment capability in place to meet the waste water treatment needs as required by an approved municipal waste water treatment facility plan developed under ch. NR 110 .

History: Cr. Register, September, 1981, No. 309 , eff. 10-1-81; CR 15-085 : am. (2) (d) Register August 2016 No. 728 , eff. 9-1-16.